The Texas Supreme Court Friday ended an eight-year legal battle between Dallas-based Energy Transfer Partners and Houston-based Enterprise Products Partners over a proposed partnership in a pipeline project. In a unanimous opinion, the court effectively wiped out a $535 million judgment, saying the two companies never fully executed their partnership agreement in the first place.
SCOTX Reverses $12M Judgment Against ConocoPhillips
The Supreme Court ruled Friday that a 1987 will handing down ownership of a Zapata County ranch included its mineral interests. Though it took him six charts to do so, Chief Justice Nathan Hecht showed that the mineral interests were distributed to her heirs exactly as Leonor Ramirez intended.
Appeals Court Upholds, Broadens Noncompete Injunction on Physician Recruiter
Not only does the ruling ban a former sales executive for Merritt Hawkins and Associates from conducting business in five states; it also increases the likelihood for MHA to recover damages in the trial court. Natalie Posgate explains.
State Securities Class Action Suit Heads to Montgomery Co. with Fewer Defendants
In a unanimous ruling, a three-judge panel ruled that a Dallas trial court did not have personal jurisdiction over British chemicals company Venator Materials, four of its executives and four underwriters of Venator’s 2017 IPO, who are all nonresident defendants in the litigation.
SCOTX Reconsiders Case On Jurisdiction
Having once rejected this case involving an out-of-state insulation company, the Texas Supreme Court heard arguments last week reconsidering the threshold of Texas products liability jurisdiction. Janet Elliott reports.
SCOTX Hears Case Against “Anti-Washout” Clauses
The argument before SCOTX is whether two parties can create an interest in real property that remains vested long after the agreement – or even the parties themselves – cease to be. Janet Elliott reports.
Voices: The NDTX Bench Bar
The annual Bench Bar Conference for the Northern District of Texas last week was a non-stop crush of candid judicial observations and advice litigators ignore at their risk. Here’s a sampling of what attendees heard.
Fifth Circuit Upholds $62.9M Arbitration Ruling Against Chinese Wind Farm Investor
In a sharply-worded decision, the appeals court tells a Chinese company it can’t avoid the consequences of an agreed-upon arbitration by simply ignoring it. The beneficiaries include Dallas-based alternative energy investors.
Ninth Circuit Dismisses Claims that Diet Soda Kept Plaintiff Obese
A federal appeals court put plaintiffs’ lawyers on a monetary diet Monday when it affirmed a lower court’s decision to toss a lawsuit that claimed Dr Pepper/Seven Up falsely led consumers in California to believe that Diet Dr Pepper could help them lose weight. The opinion also provided an unexpected vocabulary lesson on the word ‘diet.’ Natalie Posgate explains.
Appellate Year-in-Review: The Fifth Circuit and SCOTX
In the appellate world, 2019 was an interesting year. The Fifth Circuit and Texas Supreme Court resolved important questions of federal and state law, providing clarity on legal standards and raising new questions to be decided in the coming years. The Fifth Circuit, for example, ruled that the TCPA does not apply in federal diversity cases, refused to limit the scope of attorney immunity and expounded upon the detail required for findings of fact.
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